Daily Court Digest: Major environment orders ( November 5, 2024)


Restrictions on community and conservation reserves

The Supreme Court (SC) of India, October 24, 2024, stated that it would not be appropriate to establish universal guidelines for restrictions on conservation and community reserves.

“The Union of India has already framed guidelines, which can be followed by state governments on a case-by-case basis to decide the restrictions to be imposed in a particular conservation reserve and community reserve,” the SC said.

In an order dated February 14, 2024, the SC had told the Union of India to hold discussions with state governments to consider whether restrictions on mining activities within a 10-kilometre radius of conservation and community reserves could be implemented.

Aishwarya Bhati, additional solicitor general of India, submitted an affidavit on behalf of the central government, which was sworn by wildlife scientist for Union Ministry of Environment, forests and climate change Sudheer Chintalpati. The affidavit was accepted into the record.

The affidavit referenced discussions between the Union and state governments, with the minutes from a meeting on September 4, 2024 entered into the record. These minutes reflect concerns expressed by participants over the implementation of strict regulations within conservation and community reserves.

The SC noted that local community participation was crucial in these reserves. “Unless there is motivation for the local population…it may not be possible to designate areas as conservation or community reserves,” the SC said. 

The court also highlighted from the affidavit that many state governments have not yet notified any conservation or community reserves.

In a separate case on October 24, 2024 regarding cardamom cultivation in Kerala, the SC ordered that, until further notice, the state of Kerala should not issue any new pattas (land deed) for cardamom cultivation, nor allow further conversion of land within the Cardamom Hills Reserve (CHR) for commercial use.

The orders were uploaded to the Supreme Court site on November 5, 2024.

Dumping of garbage by Narsapur municipality in Vasista river 

The National Green Tribunal (NGT) on November 4, 2024, directed the formation of a joint committee to investigate the complaint regarding waste dumping by Narsapur Municipality in Andhra Pradesh into the Vasista river and its floodplain.

The committee will include the district magistrate, West Godavari; Andhra Pradesh State Pollution Control Board (APPCB); State Coastal Zone Management Authority (SCZMA); and Central Pollution Control Board (CPCB). The committee will visit the site, gather relevant data and submit a report to the registrar, Southern Zonal Bench, Chennai, within two months.

A letter petition dated December 18, 2023 by Devendra Phanikar Osuri, a social activist from Narsapur in West Godavari district, stated that waste dumping into the river and floodplain has continued for several years, violating Coastal Zone Regulations and Solid Waste Management Rules, 2016.

The court was informed that the petitioner had previously approached the CPCB, which issued a letter on September 29, 2023 to the member secretary for APPCB, directing action under the rules. However, no action has been taken and conditions remain unchanged.

Sand mining at Sone river by constructing dams

The NGT, November 4, 2024, directed a joint committee to examine allegations of illegal sand mining by constructing dams on Sone river in Bihar.

The committee — comprising the district magistrate, Rohtas, Bihar State Pollution Control Board and CPCB — will conduct a site visit, collect relevant information and submit a report within six weeks. The case will next be heard on December 23, 2024.

In his application, Ranjan Singh, a resident of Sasaram in Rohtas district, Bihar, alleged that illegal sand mining is taking place along Sone river, with illegal bandhas (dams) constructed from Nasriganj to Tilathu. These dams obstruct the river’s natural flow, causing harm to local flora and fauna through unauthorised constructions by miners.


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